NOIDA ENTREPRENEURS ASSN Vs. NOIDA
LAWS(SC)-2007-1-66
SUPREME COURT OF INDIA
Decided on January 15,2007

NOIDA ENTREPRENEURS ASSN Appellant
VERSUS
NOIDA Respondents





Cited Judgements :-

MOHD SALIM SIDDIQUI VS. STATE OF U P [LAWS(ALL)-2011-2-28] [REFERRED TO]
TRILOKI NATH SINGH VS. MANAGING DIRECTOR, U P SAHKARI GRAM VIKAS BANK LTD [LAWS(ALL)-2014-3-337] [REFERRED TO]
SANJEEV KUMAR VS. ALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS. [LAWS(DLH)-2015-8-282] [REFERRED TO]
NANI GOPAL MAJUMDER VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-9-106] [REFERRED TO]
OM PRAKASH VS. PRESIDING JUDGE H P INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT [LAWS(HPH)-2012-7-56] [REFERRED TO]
Black Gold Rubber VS. State of H.P. [LAWS(HPH)-2008-6-42] [REFERRED TO]
ANUPAMA NAIK VS. STANDARD CHARTERED BANK [LAWS(BOM)-2007-6-100] [REFERRED TO]
ATUL DUBEY VS. MUNICIPAL CORPORATION BILASPUR [LAWS(CHH)-2014-11-3] [REFERRED TO]
PHOTKOORAM VS. STATE OF M.P. [LAWS(CHH)-2013-9-32] [REFERRED TO]
STATE OF U P THRU PRIN SECY HOME & 2 ORS VS. ASHISH KUMAR SINGH & 2 ORS [LAWS(ALL)-2017-4-414] [REFERRED TO]
AKHILESH CHANDRA PORWAL ALIAS A C PORWAL VS. UNION OF INDIA AND 3 ORS [LAWS(ALL)-2016-5-524] [REFERRED]
JOGENDRA PAL (DIED) THROUGH HIS LEGAL HEIRS SMT. MAMTA DEVI AND FOUR OTHERS VS. STATE OF U.P. THROUGH SECRETARY HOME (POLICE) U.P. CIVIL SECRETARIAT, LUCKNOW AND OTHERS [LAWS(ALL)-2017-1-105] [REFERRED TO]
STATE OF U.P. VS. U.P. STATE PUBLIC SERVICES TRIBUNAL [LAWS(ALL)-2019-10-290] [REFERRED TO]
DEVENDRA KUMAR MALIK VS. DIRECTOR GENERAL RAILWAY PROTECTION FORCE AND OTHERS [LAWS(ALL)-2019-2-137] [REFERRED TO]
S.R. DHEER S/O LATE SHRI C.L. DHEER AND ORS. VS. UNION OF INDIA (UOI) REPRESENTED THROUGH THE SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF EXPENDITURE, MINISTRY OF FINANCE, [LAWS(CA)-2009-2-14] [REFERRED TO]
KULDIP SINGH, JUNIOR ACCOUNTS OFFICER, CAT, PRINCIPAL BENCH VS. CENTRAL ADMINISTRATIVE TRIBUNAL REPRESENTED BY ITS PRINCIPAL REGISTRAR, PRINCIPAL BENCH AND ORS. [LAWS(CA)-2010-4-1] [REFERRED TO]
GOUTAM BHATTACHARJEE VS. KOLKATA MUNICIPAL CORPORATION AND ORS. [LAWS(CAL)-2016-3-78] [REFERRED TO]
M KOTESWARA RAO VS. SENIOR COMMANDANT CISF UNIT [LAWS(APH)-2011-8-19] [REFERRED TO]
AJAB S/O CHINTAMANRAO MULTAIKAR VS. VASANTRAO NAIK VIMUKTA JATI AND NOMADIC TRIBES DEVELOPMENT CORPORATION LTD [LAWS(BOM)-2009-11-274] [REFERRED]
M.MANOHAR VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2016-6-173] [REFERRED]
STATE OF PUNJAB VS. GOBIND LAL [LAWS(P&H)-2010-3-427] [REFERRED]
VED PARKASH VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2007-8-204] [REFERRED]
S SUBRAMANIAN VS. COMMANDANT OFFICE OF DIGP GROUP CENTER, CRPF, CHENNAI [LAWS(MAD)-2017-9-249] [REFERRED TO]
DAYA SWAROOP SAXENA VS. THE PRESIDING OFFICER, LABOUR COURT NO. VII AND ANR. [LAWS(DLH)-2010-5-217] [REFERRED TO]
ZILA SAHKARI KENDRIYA BANK VS. TEKRAM NIRMALKAR [LAWS(CHH)-2019-6-46] [REFERRED TO]
ASI RAVINDER KUMAR VS. UNION OF INDIA [LAWS(DLH)-2010-1-81] [REFERRED TO]
SUNIL KUMAR, SON OF JAINANDAN SHARMA, RESIDENT OF QR. NO. C/20, TOPA OFFICERS COLONY, P.O. & P.S. KUJU, DISTRICT VS. CENTRAL COALFIELDS LTD. THROUGH THE CHAIRMAN [LAWS(JHAR)-2016-12-28] [REFERRED TO]
DEPUTY INSPECTOR GENERAL OF POLICE VS. P SHANMUGASUNDARAM [LAWS(MAD)-2008-8-13] [REFERRED TO]
HARI PRAKASH SHARMA VS. UNION OF INDIA [LAWS(RAJ)-2011-1-52] [REFERRED TO]
JAGDISH SINGH VS. BHARAT COKING COAL LTD [LAWS(JHAR)-2009-6-34] [REFERRED TO]
Rabhan Hembram VS. State of Jharkhand [LAWS(JHAR)-2008-9-119] [REFERRED TO]
PRADIP LUMAR VS. BHARAT COKING [LAWS(JHAR)-2008-2-2] [REFERRED TO]
SHIVAPPA MALAPPA TATTIMANI VS. DISCIPLINARY AUTHORITY [LAWS(KAR)-2008-2-14] [REFERRED TO]
K.BABY VS. REVENUE DIVISIONAL OFFICER [LAWS(MAD)-2020-6-236] [REFERRED TO]
ARJUN KUMAR SINGH, SON OF LATE RAM YAGYA SINGH, RESIDENT OF VILLAGE PAKARDIH, P.O. AND P.S. VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-7-122] [REFERRED TO]
HIMANSHU VERMA (EX-CONSTABLE C I S F NO 034440197) VS. UNION OF INDIA THROUGH SECRETARY [LAWS(JHAR)-2017-8-88] [REFERRED TO]
PALA RAM VS. STATE OF HARYANA [LAWS(P&H)-2010-11-122] [REFERRED TO]
DEPOT MANAGER, APSRTC VS. M.N.REDDY [LAWS(TLNG)-2020-1-64] [REFERRED TO]
BIPIN BIHARI SHARMA VS. STATE OF BIHAR [LAWS(PAT)-2019-11-46] [REFERRED TO]
JATINDER PAL CHANDEL VS. STATE OF J&K [LAWS(J&K)-2013-11-8] [REFERRED TO]
SHEEBA WHEELS PRIVATE LTD. VS. SATVIJAY INVESTMENT & CONSULTANCY SERVICES (P) LTD. AND ORS. [LAWS(DLH)-2015-1-312] [REFERRED TO]
SURENDRA SINGH VS. STATE OF U P [LAWS(ALL)-2012-1-17] [REFERRED TO]
SH. R.P. GULATI VS. PUNJAB NATIONAL BANK AND ANR. [LAWS(DLH)-2010-5-282] [REFERRED TO]
BACHHRAJ BAMALWA VS. ASSISTANT DIRECTOR OF INCOME TAX [LAWS(CAL)-2024-4-98] [REFERRED TO]
BALAI KUMAR SANFUI VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-2-52] [REFERRED TO]
M.VEERANNA VS. TSRTC [LAWS(APH)-2016-4-10] [REFERRED TO]
B M SATYANARAYANA VS. S. B. I, CH. GEN. MANAGER, HYD [LAWS(APH)-2023-6-99] [REFERRED TO]
LOYALAKPA WAHENGBAM ANANTA VS. STATE OF MANIPUR [LAWS(GAU)-2009-9-6] [REFERRED]
PRAMOD KUMAR UDAND VS. STATE BANK OF INDIA & OTHERS [LAWS(MPH)-2016-3-193] [REFERRED TO]
COMMISSIONER OF POLICE VS. H C LAXMI CHAND [LAWS(DLH)-2011-9-205] [REFERRED TO]
MAHENDRA PRATAP SINGH VS. STATE OF U.P. [LAWS(ALL)-2016-4-186] [REFERRED TO]
JAGMOHAN DALMIYA VS. BOARD OF CONTROL FOR CRICKET [LAWS(CAL)-2007-7-9] [REFERRED TO]
SADANAND SHUKLA VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-3-65] [REFERRED TO]
GOPAL SINGH VS. STATE OF RAJASTHAN & ANR. [LAWS(RAJ)-2013-2-199] [REFERRED TO]
OM PRAKASH PRASAD VS. CENTRAL COALFIELDS LIMITED [LAWS(JHAR)-2016-8-47] [REFERRED TO]
ASHOK KUMAR NONIA VS. BHARAT COKING COAL LIMITED [LAWS(JHAR)-2017-8-157] [REFERRED TO]
C GUNASEKARAN VS. DISTRICT FOREST OFFICER ATTUR FOREST DIVISION [LAWS(MAD)-2009-8-213] [REFERRED TO]
SUBRATO SENGUPTA VS. STATE BANK OF INDIA [LAWS(JHAR)-2016-5-18] [REFERRED TO]
JAYPAL SINGH RATHORE VS. STATE OF M.P. [LAWS(MPH)-2022-3-44] [REFERRED TO]
DEVASHISH YADAV VS. GUNJAN YADAV [LAWS(MPH)-2021-4-35] [REFERRED TO]
P A SAINUDDIN AND OTHERS VS. EXECUTIVE ENGINEER AND OTHERS [LAWS(KER)-2015-9-225] [REFERRED]
HARI RAJ SINGH VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2014-6-16] [REFERRED TO]
A RAMALINGAM VS. DISTRICT FOREST OFFICER [LAWS(MAD)-2018-1-78] [REFERRED TO]
SAJJAN SINGH GREWAL VS. DELHI TRANSPORT CORPORATION [LAWS(DLH)-2011-9-429] [REFERRED TO]
SHASHI BALA VS. SBM SR SECONDARY SCHOOL [LAWS(DLH)-2015-2-5] [REFERRED TO]
MANOJ SHARMA VS. THE STATE OF C.G. AND ORS. [LAWS(CHH)-2016-4-4] [REFERRED TO]
UNION OF INDIA VS. GANGA PRASAD PANDEY [LAWS(CHH)-2010-11-35] [REFERRED TO]
BALRAJ SINGH BHADAURIA VS. STATE OF U P [LAWS(ALL)-2013-10-188] [REFERRED TO]
BALRAJ SINGH BHADAURIA VS. STATE OF U P [LAWS(ALL)-2013-10-188] [REFERRED TO]
OM PRAKASH VS. DELHI SOCIETY FOR PREVENTION OF CRUELTY OF ANIMALS [LAWS(DLH)-2011-9-95] [REFERRED TO]
S.Y. JHA VS. UNION OF INDIA [LAWS(CA)-2013-5-1] [REFERRED TO]
PODILI SIVA MURALI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-10-3] [REFERRED TO]
ASI JAI BHAGWAN VS. UNION OF INDIA (UOI) [LAWS(DLH)-2010-3-414] [REFERRED TO]
DIVISIONAL CONTROLLER VS. M G VITTAL RAO [LAWS(SC)-2011-11-34] [REFERRED TO]
AWADHESH KUMAR MANDAL VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2016-2-37] [REFERRED TO]
MD.YUNUS VS. STATE OF BIHAR [LAWS(PAT)-2013-7-68] [REFERRED TO]
JAYANT V. SELMOKAR VS. STATE BANK OF INDIA [LAWS(TLNG)-2023-2-33] [REFERRED TO]
C. MARTIN PREMRAJ VS. DEPUTY INSPECTOR GENERAL OF POLICE [LAWS(MAD)-2019-9-311] [REFERRED TO]
RAJ MANGAL RAM VS. STATE OF BIHAR [LAWS(PAT)-2010-8-29] [RELIED UPON]
SUPERINTENDING ENGINEER TAMIL NADU ELECTRICITY BOARD VS. ANNAMALAI COTTON MILLS P LIMITED [LAWS(MAD)-2009-1-248] [REFERRED TO]
G SRIDHARAN VS. COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT [LAWS(MAD)-2011-1-122] [REFERRED TO]
INDIRA GANDHI CENTRE FOR ATOMIC RESEARCH VS. D.GANESAN [LAWS(MAD)-2022-4-28] [REFERRED TO]
THWINGLAND LYNGKHOI VS. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL [LAWS(MEGH)-2014-6-3] [REFERRED TO]
CHANDRA SEKHAR PRASAD SINHA VS. STATE BANK OF INDIA [LAWS(JHAR)-2009-11-197] [REFERRED TO]
AWADHESH KUMAR BHAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-8-159] [REFERRED TO]
SHANT DEO TRIPATHI VS. GENERAL MANAGER [LAWS(ALL)-2011-9-123] [REFERRED TO]
BRIJ LAL THAKUR VS. UOI [LAWS(DLH)-2009-12-12] [REFERRED TO]
R S NEGI VS. DDA [LAWS(DLH)-2010-1-54] [REFERRED TO]
SUBRAMANI GOPALAKRISHNAN VS. INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA [LAWS(DLH)-2011-5-104] [REFERRED TO]
STATE VS. MUKESH KUMAR SINGH & ANR [LAWS(DLH)-2018-4-8] [REFERRED TO]
P APPAVOO VS. DEPUTY INSPECTOR GENERAL OF POLICE [LAWS(MAD)-2010-3-418] [REFERRED TO]
EASTERN COAL FIELDS VS. RABINDRA KUMAR BHARTI [LAWS(SC)-2022-4-137] [REFERRED TO]
RAM PHAL VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2010-11-381] [REFERRED TO]
TAPAN KUMAR BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-12-71] [REFERRED TO]
MANOJ SHARMA VS. STATE OF CHHATTISGARH [LAWS(CAL)-2019-8-179] [REFERRED TO]
K.S. PARANJYOTHI VS. STATE BANK OF HYDERABAD [LAWS(TLNG)-2024-2-121] [REFERRED TO]
MANAGEMENT PANDIYAN ROADWAYS CORP LTD VS. N BALAKRISHNAN [LAWS(SC)-2007-5-172] [REFERRED TO]
MAHAVIR PRASAD VS. UNION OF INDIA [LAWS(RAJ)-2023-2-149] [REFERRED TO]
HIMANSHU VERMA (EX-CONSTABLE C I S F NO 034440197), SON OF SHRI SOHAN LAL VERMA VS. UNION OF INDIA THROUGH SECRETARY [LAWS(JHAR)-2017-8-87] [REFERRED TO]
STEEL AUTHORITY OF INDIA LTD. VS. PRAKASH PODDAR [LAWS(JHAR)-2018-8-223] [REFERRED TO]
RAJESH KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-8-51] [REFERRED TO]
CHANDRASHEKAR S GOLSANGI VS. STATE OF KARNATAKA [LAWS(KAR)-2020-5-160] [REFERRED TO]
MANOJ SHARMA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-8-18] [REFERRED TO]
HARISH CHANDER AND ORS. VS. STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2010-12-434] [REFERRED TO]
BARUN KUMAR MALLA VS. UNION OF INDIA [LAWS(CAL)-2009-11-54] [REFERRED TO]
Pandav Kumar VS. Union of India [LAWS(JHAR)-2012-2-154] [REFERRED TO]
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION VS. BHUPAL MADHUKAR POL [LAWS(BOM)-2023-10-71] [REFERRED TO]
PRITI CHAUHAN VS. STATE OF U P [LAWS(ALL)-2008-8-278] [REFERRED TO]
AUTOMOTIVE MANUFACTURERS LIMITED VS. MEMBER INDUSTRIAL COURT [LAWS(BOM)-2009-2-81] [REFERRED TO: 2007 DGLS (SOFT) 37 :]
UPENDRA R SHAH VS. STATE OF GUJARAT [LAWS(GJH)-2015-4-149] [REFERRED TO]
DANIS ANSARI VS. STATE OF U P [LAWS(ALL)-2012-8-225] [REFERRED TO]
RAM KRIPAL SRIVASTAVA VS. U.P.P.S.T. LUCKNOW [LAWS(ALL)-2011-9-510] [REFERRED TO]
AKHILESH CHANDRA SHARMA VS. STATE OF U P [LAWS(ALL)-2011-7-64] [REFERRED TO]
MOHD. ISMAIL NAQVI VS. HIGH COURT OF JUDICATURE AT ALLAHABAD THRU' REGISTRAR [LAWS(ALL)-2013-5-45] [REFERRED TO]
RAJDEV SINGH JASROTIA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2011-12-78] [REFERRED TO]
YAMUNA SINGH VS. STATE OF U P [LAWS(ALL)-2022-8-36] [REFERRED TO]
RINKU SINGH VS. STATE OF U.P. [LAWS(ALL)-2021-10-40] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. SUNIL KUMAR [LAWS(DLH)-2011-3-221] [REFERRED TO]
CONSTABLE RAVINDER RANA VS. UNION OF INDIA [LAWS(DLH)-2008-3-237] [REFERRED TO]
DEEPIKA SABHARWAL VS. SANATAN DHARM SENIOR SECONDARY SCHOOL [LAWS(DLH)-2008-2-309] [REFERRED TO]
DILWAR SINGH VS. COMMISSIONER OF POLICE AND ANR. [LAWS(DLH)-2009-12-268] [REFERRED TO]
UNION OF INDIA VS. DALBIR SINGH [LAWS(SC)-2021-9-62] [REFERRED TO]
BALARAM DHAL VS. UNION OF INDIA [LAWS(ORI)-2014-1-14] [REFERRED TO]
S SAMUTHIRAM VS. TAMIL NADU ADMINISTRATIVE TRIBUNAL [LAWS(MAD)-2007-10-244] [REFERRED TO]
S KATHHIRAVAN VS. COMMANDANT OFFICE OF DIGP GROUP CENTER, CHENNAI AND OTHERS [LAWS(MAD)-2017-9-197] [REFERRED TO]
SHIVA SHANKAR MAMIDI VS. UNION OF INDIA [LAWS(BOM)-2023-7-46] [REFERRED TO]
K ANNAMALAI VS. SUPERINTENDENT OF POLICE THIRUVANNAMALAI [LAWS(MAD)-2009-12-206] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)The present order will dispose of one of the issues relating to decision of the Uttar Pradesh Government not to take disciplinary action against Smt. Neera Yadav-respondent No.7.
(2.)A brief reference to certain earlier events and orders passed by this Court would be necessary.
(3.)On consideration of complaints received during the period 1994-96 the State Government decided to enquire into the allegations. These allegations related to irregularities in allotments and conversions of land in New Okhla Industrial Development Authority (in short NOIDA). Explanation was asked by Principal Secretary (Heavy Industries) of the Government of U.P. from Smt. Neera Yadav. On 2.2.1995 the then Chief Minister of U.P. observed that there was no need for any action in the matter. In November, 1995, a Memorandum was submitted by NOIDA Entrepreneurs Association - the petitioner in the present writ petition, requesting for enquiry by the Central Bureau of Investigation (in short the CBI) regarding the alleged irregularities in allotments and conversions in NOIDA. It appears at different stages Smt. Neera Yadav submitted her explanations. On 13.12.1996 a letter was written by the then Director CBI Sri Joginder Singh regarding information received from sources pertaining to alleged irregularities in the matter of allotments, conversions and regularization of plots in NOIDA. Taking into account the said letter the State Government constituted a Commission (hereinafter referred to as Justice Murtaza Hussain Commission). A report was submitted by the said Commission on 9.12.1997. In the report various details were given. On the basis of the report, the then Chief Secretary recommended departmental action in respect of specific findings against Smt. Neera Yadav and also an enquiry by the Vigilance Department in matters relating to which the Commission had not given any clear finding. The then Chairman of Board of Revenue Mr. A.P. Singh was recommended to be the enquiry officer. The then Chief Minister concurred with the findings of the then Chief Secretary. In the meantime, the writ petition had been filed before this Court. By order dated 6.1.1998 this Court directed the State Government to indicate its stand on affidavit in respect of the conclusions of Justice Murtaza Hussain Commission. On 9.1.1998 the then Chief Minister of the State approved the findings of the then Chief Secretary recorded on 27.12.1997 and specifically in relation to the suggestions for departmental action in accordance with the rules. On that very date the State of Uttar Pradesh filed an affidavit before this Court wherein it was stated that keeping in view the gravity of the irregularities committed, it has decided to start departmental proceedings against Smt. Neera Yadav. It was also stated in the affidavit that regarding those charges about which the Commission had expressed its inability to give specific recommendations for want of further investigation, the State Government had decided to get the matter inquired into by the Vigilance Department of the State. Taking note of all these aspects, this Court by order dated 20.1.1998 directed that the matter should be investigated by the CBI and if such investigation discloses the commission of criminal offence the person/persons found responsible should be prosecuted in a Criminal Court. It was specifically noted that the State Government was proposing to initiate departmental proceeding against Smt. Neera Yadav. On 18.12.1998 the State Government of Uttar Pradesh filed an affidavit before this Court stating that the enquiry by the Vigilance Department which was initiated in respect of those aspects about which Commission had expressed its inability to give specific recommendation was being dropped on account of the fact that the CBI was enquiring into the matter. Prior to that on 26.5.1998 charge-sheet had been issued to Smt. Neera Yadav and an enquiry officer was appointed. Three charges framed were as follows:
"1. Allotment and conversion of residential plots in her favour and also in favour of her two daughters.

2 . Allotment/conversion of residential plots in favour of Anand Kumar/Subash Kumar within three months of their appointment as carpenter and junior clerk.

3. Allotment/conversion of the residential plot to Rajeev Kumar Dy. CEO and increase in area."



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